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Home My WebLink About9819-08 Vacation Street - Eddy Street and Angela Boulevard ORDINANCE No. Passed by the Common Council of the Ciry of South Bend, Indiana January 28, Attest: JO V( c .~-~ Attest: ~ .~ wt2 20 08 Presented by me to the Mayor of the Ciry of South Bend, Indiana January 29, 08 20 Ciry Clerk President of Common Council City Clerk Approved and signed by me January 30, 20 08 Mayor ORDINANCE NO. ` U ~ ` ~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHEAST CORNER OF EDDY STREET AND ANGELA BOULEVARD (AKA EDISON ROAD), BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above-described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHEAST CORNER OF EDDY STREET AND ANGELA BOULEVARD (AKA EDISON ROAD), BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF EDDY STREET AND THE SOUTHERLY RIGHT-OF- WAY LINE OF ANGELA BOULEVARD; THENCE N. 00°20'45" W, ALONG THE EAST RIGHT-OF WAY OF EDDY STREET FOR A DISTANCE OF 10.94 FEET; TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE N 65°42'03" E A DISTANCE OF 37.47 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE S. 89°20'37" E A DISTANCE OF 23.71 FEET; THENCE S 65°42'03" W A DISTANCE OF 63.41 FEET TO THE POINT OF BEGINNING. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities. and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 17-1017-0406 SECTION IV. The .purpose of the vacation of the real property is to allow for the construction of the Eddy Street Commons facility. The proposed project will use the proposed vacated right- of ways. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. r Member the Common Council Att st: ity erk Presented by me to the Mayor of the City of South Bend, Indiana on the ~ day of Jrm,w~.ry 2 ~CZ at 3 ~-~~ o'clock (0` m. L ^~~.~ City Clerk Approved and signed by me on the ~~ day of , 2 ~~, at .~ o'clock m. ~. Mayor, City of outh Bend, Indiana 1st READING `~ ~~ ~ g PUBLIC HEARING ~-2.g~(~ 3 rd READING ~ -Zg'-~ SOT APPROVED ::EFERRED ~ g' PASSED ~`'~!~ Ftted to Clerk's Cf#tce DEC - 5 201 JOHN VOORDE C17Y CLERK, S0. BEND, iN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 02-08 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHEAST CORNER OF EDDY STREET AND ANGELA BOULEVARD (AKA EDISON ROAD), BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorite recommendation. Derek D. Dieter Chairperson. Committee of the Whole PETITION TO VACATE PUBLIC STREET RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: SEPTEMBER 19, 2007 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHEAST CORNER OF EDDY STREET AND ANGELA BOULEVARD (AKA EDISON ROAD), BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF EDDY STREET AND THE SOUTHERLY RIGHT-OF- WAY LINE OF ANGELA BOULEVARD; THENCE N. 00°20'45" W, ALONG THE EAST RIGHT-OF-WAY OF EDDY STREET FOR A DISTANCE OF 10.94 FEET; TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE N 65°42'03" E A DISTANCE OF 37.47 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE S. 89°20'37"E A DISTANCE OF 23.71 FEET; THENCE S 65°42'03" W A DISTANCE OF 63.41 FEET TO THE POINT OF BEGINNING. NAME (signed & printed) & ADDRESS Tax Key Number University of Notre Dame Du Lac 17-1017-0406 224 Flanner Hall Notre Dame, Indiana 46556 es J. L p out, Vice President Business Operations For: University of Notre Dame Du Lac NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 Attn: Michael J. Danch ~LC 'j . ~-~- A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHEAST CORNER OF EDDY STREET AND ANGELA BOULEVARD (AKA EDISON ROAD), BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST . RIGHT-OF-WAY LINE OF EDDY STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE N. 00'20'45" W, ALONG THE EAST RIGHT-OF-WAY OF EDDY STREET FOR A DISTANCE OF 10.94 FEET; TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE N 65'42'03" E A DISTANCE OF 37.47 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE S. 89'20'37"E A DISTANCE OF 23.71 FEET; THENCE S 65'42'03" W A DISTANCE OF 63.41 FEET TO THE POINT OF BEGINNING. , 18-5123 -4392.03 ANGELA BLVD. ---_._ (L-1 ~ -- ac ~ r~ I r.. -4392.02 18-5123 -~~- 4 A I 0 100' ~ SGI.E 1 ~ 100 17-1017 -0406 ANGELA BLVD. (AKA EDISON ROAD) kl P.0.6. R/W UNE UNE BEARING DISTANCE L1 N 00'20 45 W 10.94 L2 N 6542 03 E 37,47 L3 S 89'20 37 E 23.71 L3 S 6542 03 W 63.41 18-5102 20.00' -3579 (OLD R/W) RIGHT-OF-WAY TO f BE VACATED r____..-_ .. _..__--.- University of Notre Dame Du Lac Northeast Neighborhood John Wigfall 224 Flanner Hall Revitalization 1134 Burns Street Notre Dame, IN. 46556 803 LincolnWay West South Bend, IN. 46617 17-1017-0406 South Bend, IN. 46616 18-5100-3526 South Bend Housing Authority 801 S.Scott Street South Bend, !N. 46613 18-5100-3533 South Bend Heritage Foundation 803 LincolnWay W . South Bend, IN. 46616 18-5100-3531 University of Notre Dame Du Lac 1130 Burns South Bend, IN. 46617 18-5100-3529 Douglas & Gladys Poindexter 1116 E.Sorin South Bend, IN. 46617 18-5097-3422 Edward & Irene Cour P.O.Box 509 Notre Dame, IN. 46556 18-5105-3689 University of Notre Dame Du Lac Attn: JJ Lyphout 836 Grace Hall Notre Dame, IN. 46556 ~ R_~~ ~~~~a~n~ Kamilla Kapacinskas-Greg Horning 1126 Frances Street South Bend, IN. 46617 18-5105-3876 Trustees of Indiana University 580 E Kirkwood, Suite 204 Bloomington, IN. 47408 18-5123-439204 ~i1 ~ t"~ ~~~1`'~'~ C,~~iECe DEC 5 2001 ~Vtii~ ~~~iE~E 1316 COUNTY-CITY $UILDING 227 W. JEFFF1tSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS September 25, 2007 Mr. Mike Danch Danch Harner & Associates, Inc. 1653 Commerce Drive South Bend, Indiana 46628 PHONE 5741235-9251 Fax 574/235-9171 TDD 5741235-5567 RE: Right-of--Way Vacation -Southwest Corner of Eddy Street and Angela Boulevard (Preliminary Review) Dear Mr. Danch: On September 24, 2007, the Board of Public Works reviewed your petition to vacate the above right-of--way. The following comments and recommendations were submitted from the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division acid the City Attorney's Office: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Community & Economic Development recommended favorably for this vacation as long as the turning radius on the corner is not affected. The Board recommended this vacation favorably as long as the turning radius on the corner is not affected. GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER Danch Harner Page 2 of 2 September 25, 2007 Please present evidence that the above stated issue(s) are resolved. I will inform you of the next step in the vacation process at that time. Please call me at (574) 235-9251 with questions. " Sincerely, ~. Linda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering Au;. 28. 2007 11:33NM 8RD PUB d"FORKS & SAFETY INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS No. 9996 P. 1/2 TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettie, NIPSCO (jrbeitin(a?nisourca.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ;~ RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlght-of-Way located on the Soutwest Comer of Eddy Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: SeQtember 17, 2007 FAX OR E-MAIL TO:, 235-9171 / lmartin(a~souilhb®ndin.aov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED, COMMMENTS 8, RECOMMENDATIONS/: )) +J -~ h-~y7~C AAA !. ~~c,L,~o~Vf'] OE'+ /~,r~ K l''lt ~'/~ °~''d+~n~'.~( `Y~14t~+'lss BY:--i,~f-, ~h~k~~ DATE: ~ f ~ y/~' 7 Area flan Commission of St. J®seph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magiiozzi Assistant Director Phone 574 235-9571 September 5, 2007 The Board of Public Works 13~ Floor, County-City Building South Bend, Indiana 46601 www.stjosephcountyindiana.com/areapian Fax 574 235-9813 RE: Vacation SouthEAST corner of Edison Road and Eddy Street Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.\ (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The staff recommends the ri>;ht-of--way be vacated. Sincerel , R bert Nemeth Senior Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and 5t. Joseph County, Indiana 1 ' Aug, 28, 2007 11:35AM ~~ a BRD PUB WORKS & SAFETY INTER-OFFICE MEMORANDUM BQARD OF PUBLIC WORKS No. 9996 P. 1/2 TO: Carl Littrell, Engineering Department John Byonti, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community i~ Economic.Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettie, NIPSCO f~bettinCa~nisource:com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ;~ RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlght-of-Way located on the Soutwest Comer of Eddy Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: September 17.2007 FAX bR~E-MAIL TO: 235-8171 / Imartln(a~southbendin.s~ov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED, MENTS ` -~a..z P~~i BY: DATE: INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: „earl Littrell, Engineering Department ~,.dohn Byorni, Area Plan Commission (235-9813 fax) Jeff-Chaney;-Ga~swgit~ &-Eeon~o~mte-Be~retollmet~t Chris Dressel, Community & Economic Development c.~ob Mathia, Community & Economic Development Robert Sanders, Fire Department Vd°'ack Dillon, Solid Waste (~tephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin(c~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: .Linda M. Martin, Clerk ~~ r'~ RE: Request for Recommendation -Property Vacation Location: Vacation of the R~ht-of-W~ located on the Soutwest Corner of Eddy Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: September 17. 2007 FAX OR E-MAIL TO: 235-9171 / Imartin(a.southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: gY. DATE: INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: VCarl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO firbettin c(~.nisource:com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ~~~ RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlght-of-Way located on the Soutwest Corner of Eddv Street and Anq_ela Boulevard (aka Edison Roadl (Preliminary Review) DATE: August 28, 2007 DUE: September 17, 2007 FAX OR E-MAIL TO: 235-9171 ! Imartin(c~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ",, _ BY: U , DATE: ~~/ ~ Aug 29 07 01:19p SHPD TRAFFIC Aus. 28. 7007 i 1:36AM BRO PUB V10RKS & SAFETY Iht~ER~OFFtC@ NtEtVtat~4N®UI~ BOARD OF Pllt3llC 4~ORKS (219)235-9308 p•5 No. 9996 P. 1i2 TO: Garl Littr®II, Engineering Department John Byomi, Area Plan Commission (235-913 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic DevElopmerit Bob Mathia, Community i~ Economlc.Develapment Robert Sanders, Firs Departm®nt Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryf Greene, City Attorney's Office JIm 6~ttin, NIPSCO (irbettin(binisourcacorn or 294-2220 fax) Fat Intnrcnationa) Purposes Only FROM: Linda M, Martin, Clerk RE: Request for Recommendation • Praparty Vacation Location: Vatatian of the Right-of Way located orr the Soutwesteomer of Eddy tre t d An ela Boulevar ak E i oad (f'teiiminary R®viewj DATE: August 28, 2007 DUE: $,~~tem,~er 17, 2007 FLAX ORE-MAt4 TO:, 235.171 / imartin(a~souEhbanc9in.aov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. 6Y:_ ~ DATE: ~~~ z ~-~ Uanch, F/arner & ~I ssociates, inc. MICHAEL J. RANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Land Surveyors .Professional Engineers Landscape Architects .Land Planners December 3, 2007 Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Vacation Petition for a portion of the following: 1.) Northwest corner of Napoleon Street and Eddy Street right-of--way 2.) Southeast corner of Eddy Street and Angela Boulevard right-of--ways 3.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Burns Street to the west right-of--way line of Duey Street. 4.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Georgiana Street to the west right-of--way line of Burns Street. Dear Council Members: Our clients, the University of Notre Dame Du Lac., Northeast Neighborhood Revitalization Organization, Inc., and the South Bend Heritage Foundation are requesting the approval of the Vacation of a portion of the following: 1.) Northwest corner of Napoleon Street and Eddy Street right-of--way 2.) Southeast corner of Eddy Street and Angela Boulevard right-of--ways 3.) alley located as the first east-west alley north of St. Vincent Street from the east right-of- way line of Burns Street to the west right-of--way line of Duey Street. 4.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Georgiana Street to the west right-of--way line of Burns Street. The reason for this request is to allow for the construction of the Eddy Street Commons facility. The proposed project will use the proposed vacated right-of--ways. The City and the Petitioners believe that vacating the above mentioned right-of--ways will not have a detrimental effect on the adjacent properties. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. cerely >IChael J. Dan President Ranch, Harner & Associates File # 070189.2 pjh ~t1~~ 1Ci c1eC~C'~ ~~lCe DEC 5 2001 aot;r. via e~ ~a, tt,. C1'i'! Cl~i'iK, w 1643 Commerce Drive South Bend, IN 46628 office 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 208 West Mars Berrien Springs, MI 49103 office 2691471-3010 Fax 269/471-7237